Ernest Hemingway and Legal Writing

Ernest Hemingway, the Pulitzer Prize-winning journalist and author of several classic works, was born on this day in 1899. He is remembered for many things, including his love of Key West, Florida and the polydactyl cats that now bear his name (as well as the legal battle involving their residence at his estate.) He is, of course, also celebrated for his writing, especially the minimalist approach to syntax and phrasing that characterize his greatest works.

Much has been written about the merits of Hemingway's style, particularly his clear and economical use of language. His signature approach has been touted by many legal writers, including Justice Anthony Kennedy, who, much like Papa Hemingway himself, has banished -ly adverbs from his legal prose. The Wall Street Journal addressed the topic of adverbs and legal writing a few years ago, describing the -ly adverb in this way:

"No part of speech has had to put up with so much adversity as the adverb. The grammatical equivalent of cheap cologne or trans fat, the adverb is supposed to be used sparingly, if at all, to modify verbs, adjectives or other adverbs. As Stephen King succinctly put it: 'The adverb is not your friend.'"

The ever-sensible Bryan Garner, editor of Black's Law Dictionary and the undisputed dean of legal writing, takes a more sensible approach, praising Hemingway's avoidance of unnecessary modifiers, while also acknowledging his skill in using adverbs effectively. If you'd like to tailor your legal writing to more closely match Hemingway's style, the Hemingway Editor can help. Happy Hemingway Day!

The Texas Public Information Act

As Harris County Law Library celebrates the 50th anniversary of the Freedom of Information Act (FOIA), it’s important to note that FOIA only applies to federal records. Information about Texas state governmental bodies may be requested under a different series of state laws known as The Texas Public Information Act (PIA). Formerly known as the Texas Open Records Act, PIA was enacted in 1973 in the wake of a series of high-profile government scandals. The text of the statute may be read at Texas Government Code, Chapter 552. Its opening section at 552.001 contains a powerful statement of principle:

The people, in delegating authority, do not give their public servants the right to decide what is good for the people to know and what is not good for them to know. The people insist on remaining informed so that they may retain control over the instruments they have created.

Information on submitting a PIA request can be found on the Harris County website. For requests to the Office of the Harris County Attorney or complaints regarding a failure to release public information, please visit the website of the Harris County Attorney’s Office.

Using Google's Verbatim Search to Customize and Refine Your Search Queries

Last week’s Tech Tip presented strategies for structuring more effective Google search queries. This week, we revisit Google to focus on another useful feature, a small but powerful tool for clarifying and refining your searches.

The feature, known as Verbatim Search, allows you to more precisely customize your search queries and override Google’s “Did you mean” feature. Here’s how it works: Suppose you’re conducting research on the trademark for a cleverly-named product line, a variety of tea-related beverages with names such as HonesTea, RealiTea, IngenuiTea. When you search for HonestTea, for example, Google asks, “Did you mean Honest Tea?” and restructures your search query as two separate words. This assumption can cause frustration, but, more importantly, it yields inaccurate search results.

Fortunately, this problem is easily corrected. By using the Verbatim Search feature, you can override Google’s default settings. Simply go to the Google search page. Under the Google search box, click on Search Tools. Then, click on All Results to expand the drop-down menu, revealing the Verbatim Search feature. Select this option. Google will repeat the search, giving you a more precise set of search results that accurately capture the intended meaning of your search terms.

As another example (pictured above), try searching the terms parole evidence in the default Google search box. Automatically, Google reinterprets your terms as parol evidence. By selecting Verbatim Search, your search terms will be rendered exactly as they appear in the search box, giving you the results for parole evidence that you actually seek. With Verbatim Search, you have the power to control your search. You may even feel that you’re outsmarting Google!    

FOIA Friday: The Equal Access to CRS Reports Act of 2016

Throughout the month of July, the Harris County Law Library is celebrating the 50th anniversary of the Freedom of Information Act. Accordingly, with today’s blog post, the Law Library is calling attention to an important piece of pending legislation, the Equal Access to CRS Reports Act of 2016, an initiative with broad support and strong endorsements from a coalition of 40 organizations, including the American Library Association. (Senate and House versions of the bill are available online.) This bipartisan initiative seeks to expand access to government information and to increase participation in the political process by establishing an electronic database of CRS materials for the benefit of the public good.

CRS Reports, an invaluable resource for lawmakers, are objective, nonpartisan issue briefs on pending legislation and other items of debate before Congress. They are produced by the Congressional Research Service, an agency whose staff includes more than 600 people and whose annual budget exceeds $100 million. The reports are not classified, yet, with few exceptions, they are not freely available to the public. Constituents may request the reports from congressional offices, but no central repository of CRS Reports is available in the public domain.  

In January of 2015, Representatives Leonard Lance (R) and Mike Quigley (D) introduced a measure that would direct the Congressional Research Service (CRS) to “develop and maintain a centralized, searchable, electronic database of CRS materials for public access.” In a letter to their Congressional colleagues, Representatives Lance and Quigley stated their case:

“Across the nation, citizens are deeply and passionately engaged in debates about the future of our country and the significant challenges we face at home and abroad.  However, as the public debate has become increasingly partisan and polarized, it is more important than ever for citizens to have full access to the same neutral, unbiased information that many of us rely on to help us formulate important decisions.  Opening CRS to the public will empower our constituents with vital information about key issues, policies and budgets.”

Until this or similar legislation is passed, the only public sources for CRS Reports are the websites of those who harvest the documents from incidental sources and make them available online. Aside from these private organizations, universities, and transparency advocates, however, which reporters and lobbyists often rely upon, the public has few other options.Today, on FOIA Friday, the Law Library is highlighting this potentially transformative legislation and the right of the American people to access the government information that drives our nation's democracy. 

Latest & Greatest – Strategic Legal Research

By Tobin A. Sparling

Published by Wolters Kluwer Law & Business (2015)

KF 240 .S63 2015

The Harris County Law Library is proud to feature the latest edition of Strategic Legal Research: Finding the Information You Need Efficiently and Cost-Effectively by Tobin A. Sparling, a Professor of Law at Houston College of Law (formerly South Texas College of Law). Sparling’s book stands out from other legal research resources in that he stresses a research methodology that focuses on thinking through the issue before jumping in and simply beginning the research. He suggests ten basic steps that will enable you to perform legal research more efficiently and economically. He identifies the advantages and disadvantages of various resources, such as print, in-house electronic, Bloomberg Law, and other internet research sources. Sparling also discusses the common features found in the major research databases like Lexis, Westlaw, and Bloomberg Law. The remainder of material in the book is dedicated to researching specific resources, such as statutes, court rules, administrative law, and nonlegal authority. Naturally, Sparling devotes some discussion to researching Texas materials and understanding the Texas legal system.